Written evidence from Migrant Democracy Project (MDP) (RGE 16)
Public Administration and Constitutional Affairs Committee
Review of the 2024 general election inquiry
We assess the democratic participation of migrant residents in the 2024 General Election. In particular we evaluate voter eligibility, voter registration processes, as well as the requirement of photo identification at polling booths. The submission highlights issues regarding misinformation and lack of clarity around the registration process for migrant voters, and potential barriers raised due to voter ID requirements to eligible migrant voters.
About Migrant Democracy Project
Migrant Democracy Project (MDP) is a not-for-profit organisation campaigning for the political empowerment of migrants living in the UK. Its main campaign, Our Home Our Vote was formed in 2021, in response to the changes announced by the then 2021 Elections Bill (now Act) - which removed the automatic right of EU citizens to vote in local elections in the UK.
The organisation campaigns for the introduction of a voting system based on residence rather than nationality (residence-based voting rights (RBVR)) across the UK, following the examples already adopted by the devolved governments of Scotland and Wales. In particular, we advocate for all lawful residents to have the right to vote in local elections, and all settled residents in Parliamentary Elections. In addition, we continue to highlight ongoing issues which restrict voter access for eligible migrant voters.
Migrant Democracy Project believes extending the franchise would lead to a simpler, fairer and more equitable system - easing voter registration processes, enable access to voting for all residents, and increase democratic participation across underrepresented groups.
Introduction: Complexities around Voter Eligibility.
Current voter eligibility rules in the UK remain complex and difficult to navigate. Presently, British, Irish and qualifying residents from Commonwealth countries are eligible to vote in all elections, including parliamentary elections across the UK.[1] A person is a qualifying Commonwealth citizen if they are a resident in the UK who either has leave to remain in the UK or does not require such leave. Any type of permission to enter or stay is acceptable, whether indefinite, time limited or conditional. [2]
In addition, Schedule 7 of the Elections Act 2022, changed the eligibility of EU citizens to vote and stand in local government elections. It introduced three classes of EU citizens with respect to their voting rights. (i) EU citizens with retained rights - i.e those living in the UK prior to January 2021 who hold a lawful immigration status, retained their right to vote and stand in local elections. (ii) For those EU citizens arriving and gaining status after January 2021, only qualifying EU citizens are able to continue to have the right to vote. This class refers to citizens from EU countries that have signed bilateral voting rights agreements with the UK. As of January 2025, these are:
- Poland
- Denmark
- Luxembourg
- Portugal
- Spain. [3]
(iii) Any EU citizens who arrive in the UK from January 2021 onwards, and are not from the above 5 countries belong to the third class, and no longer have the right to vote or stand in local elections. According to the then Department of Levelling UP, Housing and Communities, these electoral changes are expected to lead to the removal of over 171,000 previously eligible EU citizens from the electoral register by the 31st of January 2024. [4] For example, Councillor Costa in the London Borough of Lambeth identified through a written question to council officers that an “approximately 2,000 of 28,000 EU voters currently registered in Lambeth will be removed from the register.”[5]
This inequity is further exacerbated by the unequal franchise across devolved countries. Unlike England and Northern Ireland, Scotland and Wales have extended their franchise and implemented residence-based voting in their devolved elections for the Welsh Senedd and Scottish Parliament and local elections. As a result, any resident with a lawful immigration status - regardless of nationality, can vote in these elections. For example, a Ukrainian refugee in Cardiff will be able to vote for their councillors as well as for their Members of the Welsh Senedd. However, a Ukrainian refugee in Bristol would have no right to vote at all.
Given our work, MDP is uniquely positioned to evaluate migrant communities' relationship and experience with the electoral process. MDP’s submission to the PACAC review focuses on evaluating the current voter eligibility requirements and its effects on the voter registration process, with respect to migrant communities in the UK. In MDP’s experience, complexities surrounding voter eligibility have led to consistent misinformation regarding the voter registration process, as well as a sustained reduced voter turnout in eligible migrant communities for both local and general elections.
In addition, the submission highlights concerns regarding the requirement for photographic identification at the polling station, and how this requirement may hinder eligible migrant voters. In particular, we raise concerns regarding the potential impact of the Photo ID requirement if and when the government implements its plans to introduce a fully digitalised immigration system, known as eVisas.
I. Complexity of voter eligibility & barriers to voting
It is clear that current voter eligibility has created a tiered access to democratic participation in the UK. It remains dependent on one’s nationality, nation of residence, and date of arrival in the UK; with some migrant residents having the right to vote whilst others - even those from the same country, can not.
According to the most recent analysis conducted by Professor Toby James, at the University of East Anglia, approximately 1.4 million residents in the UK currently remain unenfranchised in local elections due to voter eligibility requirements. [6]
The complexity of voter eligibility rules have had a significant impact on voter registration, and access to voting for some communities. Electoral administrators, campaigners, candidates and voters alike have expressed difficulty in determining who is eligible to stand for, and vote in elections.
I.I Misinformation on voter registration in the 2024 General Election
The July 2024 General Election operated under the full implementation of the Elections Act 2022. It became clear that the added complexities exacerbated the confusion among migrant communities regarding eligibility to register in contrast to eligibility to vote. Many EU residents were unclear of their democratic rights. MDP often came across social media posts encouraging EU citizens to register to vote stating they could vote in the 2024 General Election.
Whilst it was true EU citizens could register to vote, they were not able to vote in the upcoming General Election. The way information was provided in official government website pages did little to help people understand their democratic rights.
Image 1: An instagram post by the official Electoral
Commission account, highlighting that you could
“register to vote in the UK Parliamentary general
election if you [ … ] are [ … an] EU citizen living in
the UK”.
The spread of unclear information was not limited to the general public. MDP identified an Instagram post made by the official Electoral Commission UK account on the 10th of June 2024, encouraging “eligible EU Citizens living in the UK” to register to vote (Image 1). MDP contacted the Electoral Commission asking them to remove the post as it created further confusion and misinformation regarding who could and could not vote in the General Election.
Although qualifying EU citizens and those with retained rights can register to vote generally,, the post furthered confusion within communities regarding their right to actually vote.
The difficulty in navigating is further reinforced in the instance whereby councils across London accidentally sent polling cards to ineligible residents in the lead up to the 2024 General Election. EU residents who were eligible to, and registered to vote in their respective local elections were sent polling cards for the General Election on 4 July 2024 by at least six London boroughs, despite not having the right to vote in the General Election. [7] Although the error was addressed, the confusion created persisted.
It is clear that the added complexities introduced by the Elections Act 2022 were difficult to navigate, not only for migrant communities but to electoral administrators themselves, leading to tangible instances of misinformation regarding the registration process to migrant communities.
I.II Lack of clarity among elected representatives.
MDP routinely interacts with elected officials, including Members of Parliament and local councillors, who remain unaware of the eligibility criteria and exclusions that may apply to longstanding residents in their constituencies. Following the General Election, MDP attended various events, including political party conferences in the autumn of 2024 and had dozens of conversations with MPs clarifying voter eligibility. This lack of clarity is further exacerbated by the changes brought through with new legislation.
It remains of paramount importance that elected officials are aware of voter eligibility rules, not least so they can accurately advocate and advise the communities they represent. MDP therefore continues its work in promoting greater information regarding voter eligibility, for both elected representatives as well as broader migrant communities.
II. Low voter registration levels for those eligible
MDP raises concerns regarding the complexities on voter eligibility and its negative impact on voter registration and turnout levels for eligible migrant communities - namely Commonwealth citizens who were eligible to vote in the 2024 General Election.
As part of our work, we routinely host voter registration events, encouraging eligible migrant residents to register to vote for both Local and Parliamentary Elections. In our experience, the complexity of current eligibility rules has consistently resulted in eligible voters being unaware of their voting rights, and not participating in the electoral process. We encounter numerous eligible Commonwealth citizens who are unaware that they are eligible to vote. Oftentimes, our organisation and advocacy is the first instance these residents become aware that they can indeed register to vote.
In an attempt to address this lack of clarity, and encourage eligible migrants to vote, MDP in collaboration with CitizensUK and Just Register created and launched the “Can I Vote?” tool. [8] This tool has since been used by over 40 civil society organisations and signposted to as an accessible registration source by the National Union of Students, Let’s End Poverty (a coalition of over 50 organisations), Caritas Social Action Network, the Joint Council for the Welfare of Immigrants (JCWI) and more.
MDP was delighted that in the 6-week lead up to the 2024 General Election, the tool was utilised by around 44,200 migrant residents, primarily Commonwealth citizens. The uptake and usage of the tool clearly highlights a need for further clarity amongst eligible migrant voters to further ease their registration and participation process.
The need for encouraging and clarifying voter participation for eligible communities is further emphasised by their consistently lower rates of voter turnout. Eligible migrant voters continue to have lower levels of voter registration and turnout when compared to their citizen peers. With only around 66% of eligible Commonwealth and EU voters registered to vote in 2022 .[9]
MDP shares the concerns of low turnout highlighted within the review of the 2024 Elections. It remains paramount that those that are eligible to vote are made aware of their rights, and encouraged to participate in the election process. In addition, it believes that extending the franchise to all settled residents in Parliamentary Elections, could also help alleviate the current downward trend in turnout. [10]
II. Low registration levels and effects on equity of representation.
The voter registration levels amongst migrant communities have a significant impact on the representativeness of their respective constituencies. The 2024 General Election saw the implementation of new parliamentary boundaries after the boundary review. Boundary reviews and changes remain reflective of voter registration numbers, with between 69,724 - 77,062 registered voters per seat. However, given that these boundaries are drawn on registered voters, and not on total population size, lower registration numbers as well as broader ineligibility has led to an inequitable distribution of parliamentary representation across constituencies.
Our recently commissioned research has shown that there are around 4.3 million unenfranchised residents who could be given the right to vote in parliamentary elections Although these residents live across the UK, there remains considerable variation between constituencies.
As a result, MPs representing areas with a high number of unregistered or ineligible residents, can represent upwards of 130,000 people, almost twice the number they should if their constituency boundaries were drawn based on residents as opposed to registered voters. On the other hand, those from more rural areas have a population that is more reflective of the electoral register. [11]
This inequity remains a problem both for MPs as well as their constituents. Those representing higher populations inevitably have higher casework and issues raised - with unenfranchised or unregistered migrant constituents often raising immigration issues, resulting in difficulties to meet demand. For constituents, it may result in their MPs being less able to meet their needs and address their issues.
MDP continues to advocate for the democratic principle that elected representatives in our democracy should be representing more or less the same number of people. Our democracy should be equal; and we should all have fair and equal access to representation and services by our MPs.
II.I Unfairness and Exclusion in Voter Registration for Migrant Residents.
The above points have focused on the practical complications created through voter eligibility rules, with special respect paid to confusion and misinformation, as well as its effects on voter registration levels on migrant communities.
There remains a need to raise the simple democratic issue presented by a continued lack of voting rights to residents who live, work and are part of the community in the UK. The UK’s current electoral system fails to be representative of many of its residents, excluding them on the basis of where they were born. During the 2024 General Election, the exclusion that these migrant residents felt by being removed from participating in their democracy was highlighted across the media.[12]
One resident, who has lived in the UK since she was two months old yet currently unable to access citizenship due its financial barriers, expressed how demoralising it felt to be unable to have a say on the political system.[13]
MDP continues to advocate for the continued inclusion of these communities within the electoral process.
III. Requirement of photographic identification and the digital immigration system.
Following the requirement of photographic identification at polling stations, MDP has worked with migrant residents and continues to inform them of the need to bring acceptable photo ID to the polling station.
In our work so far, the migrant residents we have encountered have on the whole not expressed concerns regarding having an acceptable form of ID as most eligible migrants are required to have a form of physical identification as proof of immigration status.
Concerns have however risen regarding instances where residents have temporarily lost access to documents. Migrant residents are occasionally required to send their original documents, including photo ID issued by either the UK and/or their home countries, to the Home Office when applying for or renewing their immigration status. Therefore, in instances where polling day falls during a period where someone’s documents are with the Home Office, they may be unable to vote, especially if they are not aware of Voter Authority Certificates.
MDP therefore recommends that the Government ensures that temporary loss of access to documents does not prevent individuals from accessing the polling station. Including ensuring that when documents are requested by the Home Office, individuals are made aware of the potential barrier it may pose to voting, and signposting alternative methods of valid photo ID.
III.II Future Introduction of Digital Immigration System and impact on Photo ID for migrant voters
Whilst the above has evaluated the impact of photo ID on migrant communities with regards to the 2024 General Election, it is also important to highlight future barriers that may arise - particularly given the government’s plans to implement a fully digital immigration system. Looking ahead, MDP raises concerns regarding these plans with respect to potential hurdles it may create for eligible migrant voters on polling day.
In addition to the introduction of voter ID, the Government has also implemented plans to replace physical immigration cards with a digital immigration system. All physical immigration status cards, in particular Biometric Residence Permits (BRPs), were set to expire on the 31st December 2024. UK residents with an immigration status are instead expected to access their records online, known as an eVisa. Although this change was due to be implemented on the 31st December 2024, the full move to the digital system has since been pushed back to March 2025, with individuals advised to use expired immigrant cards as proof of identity and leave to remain.
MDP remains primarily concerned with the impact of how the Government’s move to eVisas alongside the introduction of mandatory Photo ID to vote could have unintended consequences on migrants’ ability to cast their vote in UK elections.
The Government must therefore be able to show that it has adequate plans in place to ensure those who had previously relied on physical BRPs as proof of ID to vote at the polling station, are not unfairly burdened with additional barriers to voting if and/or when their physical IDs are replaced by eVisas.
Furthermore, the loss of physical ID will be particularly acute to refugees, who are unlikely to have access to alternative forms of documentation from their home countries, as they are required to submit these documents to the Home Office as part of the asylum process.
As a result, refugees remain particularly reliant on Home Office documents as proof of ID, at the polls and beyond, in comparison to their peers. Furthermore, given the issues which have been consistently raised regarding the digital system, including the difficulties in obtaining digital status, digital statuses containing incorrect information regarding an individual, it is clear that the digital system is currently not robust enough. It fails not just the digitally-excluded migrants, but also given their acute failures, all those who should otherwise be able to access, and prove their status.
Eligible migrant residents therefore face the risk of losing a valid form of Voter ID - particularly including those without alternative methods of ID, without being offered a replacement and therefore are likely to face an additional barrier to voting not required by their citizen counterparts. Given that eligible migrant voters already have lower rates of participation when compared to their citizen counterparts, it is vital that the introduction of Voter ID in conjunction with the eVisa system does not disproportionately create further barriers to voting for these communities.
Recommendations
Based on the concerns highlighted above, MDP advises that the committee:
- Recommends that the franchise should be extended on the basis of residence, such that all lawful residents are able to vote in local elections in England and Northern Ireland, in line with the electoral reforms adopted in Scotland and Wales, and that all settled residents should be given the right to vote in parliamentary elections
- Recommends that more accurate and proactive information regarding voter eligibility and registration is provided to migrant residents to avoid misinformation and encourage greater turnout.
- Ensures that elected representatives, including parliamentarians are made aware of the voter eligibility requirements and barriers affecting the communities they represent.
- Further review and recommend conducting and publishing an impact assessment evaluating the voter ID on eligible migrant voters, particularly in conjunction with the introduction of a digital immigration system.
- Review the administrative burdens placed on electoral administrators due to the continued complexity of voter eligibility, and its impacts on voter registration.
January 2025